Examples of Excess Award in a sentence
It is expected that 100 percent of the value of the Annual Excess Award shall be awarded annually in the form of restricted stock units.
The Committee shall determine the Annual Target Award and Annual Excess Award for each Participant.
Subject to the terms of this Agreement, effective as of the Grant Date, the Executive is hereby granted a cash incentive award (the “Cash Incentive Award”) in an amount equal to the Excess Award Value.
A Participant in the Savings Plan shall be eligible to receive an Excess Award if contributions on his behalf under the Savings Plan are limited by certain limitations imposed by the Code, as described in Section 6(c), and he is employed by Pegasus on the date the Excess Award is made.
Without limiting the generality of the foregoing, in the case of an Award that is an Option, Stock Appreciation Right, Restricted Stock, or Restricted Stock Unit the Committee may determine the portion of such Award that constitutes an Excess Award on the basis of its estimate of the effect on the value of the Shares resulting from such restatement, or the amount realized by the Participant from the sale of such Shares, or on any other basis that it determines to be appropriate.
If the Participant has received any Restricted Stock or Restricted Stock Units as a matching grant of a deferred incentive payment pursuant to Section 6.1 of the Annual Incentive Plan and such incentive payment is subsequently determined to be an Excess Award under the Annual Incentive Plan, then the portion of the Restricted Stock or Restricted Units that is attributable to the Excess Award shall also constitute an Excess Award.
As determined appropriate by the Committee, any benefit awarded under the Plan to an officer subject to Section 16 of the Exchange Act may include provisions requiring its forfeiture (regardless of whether or not the benefit is otherwise vested) and/or recoupment by any method determined appropriate by the Committee, including but not limited to offset against other benefits under the Plan, if such benefit or any portion thereof is determined to be an Excess Award.
Any unpaid Excess Award, plus interest thereon at a rate of 6% per annum from the Section 4(c)(i) Payment Date until paid, will be paid within 15 days after death, normal retirement, determination of Permanent Disability or any termination of employment of a Senior Executive Participant for any reason other than for Cause.
For purposes of reducing any incentive payment pursuant to this Plan, the Committee may treat any amount determined to be an Excess Award under Section 6(h) of the Stock Incentive Plan as an Excess Award.”IN WITNESS WHEREOF, Deluxe has caused this Amendment to be executed on its behalf this 9th day of December, 2009.
Notwithstanding anything herein to the contrary, to the extent that the Award exceeds the applicable individual award limit(s) set forth in Section 3(b) of the Plan (the “Excess Award”), the Excess Award shall be subject to approval by the Company’s stockholders of an amendment to the Plan increasing the individual award limit(s) set forth in Section 3(b) of the Plan (the “Plan Amendment”).